§ 8-41-304 — Last employer liable - exception

(1) Where compensation is
payable for an occupational disease, the employer in whose employment the
employee was last injuriously exposed to the hazards of such disease and suffered
a substantial permanent aggravation thereof and the insurance carrier, if any, on
the risk when such employee was last so exposed under such employer shall alone
be liable therefor, without right to contribution from any prior employer or
insurance carrier. In the case of silicosis, asbestosis, or anthracosis, the only
employer and insurance carrier liable shall be the last employer in whose
employment the employee was last exposed to harmful quantities of silicon dioxide
(SiO 2 ) dust, asbestos dust, or coal dust on each of at least sixty days or more and
the insurance carrier, if any, on the risk when the employee was last so exposed
under such employer.

(2) In any case where an employee of an employer becomes disabled from
silicosis, asbestosis, anthracosis, or poisoning or disease caused by exposure to
radioactive materials, substances, or machines or to fissionable materials, or any
type of malignancy caused thereby, or in the event death results from silicosis,
asbestosis, anthracosis, or poisoning or disease caused by exposure to radioactive
materials, substances, or machines or to fissionable materials, or any type of
malignancy caused thereby, and, if such employee has been injuriously exposed to
such diseases while in the employ of another employer during the employee's
lifetime, the last employer or that employer's insurance carrier, if any, shall be
liable for compensation and medical benefits as provided by articles 40 to 47 of
this title, including funeral expenses and death benefits.

Legislative History

Source: L. 90: Entire article R&RE, p. 480, � 1, effective July 1. L. 91: (1) amended, p. 1295, � 8, effective July 1. L. 93: (2) amended, p. 2140, � 1, effective April 1, 1994.